2014 Impact on the Labour Court Kevin Duffy Historical Role - - PowerPoint PPT Presentation
Resolve Symposium Workplace Relations Bill 2014 Impact on the Labour Court Kevin Duffy Historical Role Established as an Industrial Relations Tribunal in 1946 Concerned with resolving and avoiding industrial disputes Established
Kevin Duffy
Established as an Industrial Relations Tribunal in
1946
Concerned with resolving and avoiding industrial
disputes
Established a reputation as a fair and impartial
mediator
Its Recommendations are validated by the
agreement of the Parties
Its stock and trade lies in the voluntary acceptance
“Not a Court of Law but a Court of Common
Sense and Fair Dealing”
“A Body Solely Concerned with the Resolution of
Disputes by Peaceful Persuasion”
Assigned Jurisdiction for Equal Pay Disputes in
1974
Equal Treatment in 1977 Organisation of Working Time 1997 Court also given Jurisdiction in Disputes under
Nine other Employment Rights Statutes
The Court’s Jurisdiction is Appellate Only
Currently Industrial Relations Referrals Account for
58% of Case Load
Employment Rights Appeals Accounts for 42% of
Referrals.
Employment Rights Cases are Significantly more
Demanding in Terms of Workload
Employment Rights Cases Account for Between
60% - 70% of Workload
All Appeals from an Adjudication Office are to the
Labour Court
All Appellate Jurisdiction of EAT will Eventually
Transfer
Bulk of the Court’s Work will be Employment Rights
Based Disputes
Industrial Relation Role will Continue Unaffected Anticipated Increase in Caseload of Around 56% Principal Change will be in Appeals under Unfair
Dismissals Acts (currently account for 90% of EAT Workload)
Court will go from Three Divisions to Four Divisions There will be an Additional Deputy Chairman Provision for Chair / Deputy Chair to sit alone in
Limited Circumstances
60% Increase in Cases 30% Increase in Resources Must retain Capacity to Respond to Urgent IR
Cases
Appeals Rate from First Instance Decisions will
Remain Broadly the Same as at Present (between 10% -18% of cases are appealed)
High Rate of Settlement in Unfair Dismissal Cases
will Continue (Currently >60%)
Availability of Mediation and Early Resolution will
Increase the Rate of Settlements
New Procedures will Expedite Hearings Benefits from Better use of Case Management
The Labour Court can make Rules Regulating its
Procedures, including: -
Bringing an appeal Conduct of hearing Representation
Can Include all Matters Consequential or
Incidental to the Conduct of a Hearing
It is anticipated that the Court will make Rules
Covering : -
Filing of Written Submissions Content of Submissions Witness Statements Case Management Procedures Giving of Directions to Parties
Present Procedures of the Court will Continue and
Apply in all Cases
Emphasis on Pre Hearing Procedures Requirement for Written Submissions Exchange of Submission before Hearing Emphasis on Case Management Parties Encouraged to Agree Non –Contentious
Facts
Court’s mode of Procedure very different to EAT A Hybrid between Inquisitorial and Adversarial Hearings will be Shorter Emphasis on Prehearing Procedures
Case to be set out in a Written Submission To be Filed by Appellant Within Three Weeks of
Initiation of Appeal
State facts relied upon Summarise evidence to be relied upon State Number of witnesses
Furnish to Other Side Replying Submission in Three Weeks Witness Statements Before Hearing
Reduce Waiting Times for Hearings Shorter Hearings Less Expensive Quick Decisions
Bulk of Case Load will be Employment Rights Increase of >60% in Workload 44% Increase in Membership Cases Likely to take Longer Increase in Budget ??? Effectiveness of First Instance Adjudication Crucial
Retain its Primary Role as the Final Industrial
Relation Peace maker in Disputes of Interest
Provide an Efficient, Professional and Cost
Effective Service to Workers and Employers in Resolving Disputes Concerning Employment Rights
Familiarisation Programme on new Jurisdictions Drafting Rules (s20 of 1946 Act as amended) Develop Work Organisation Programme to Deal
with New Workload